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463 <br /> <br /> 4. The County shall pay to Lutheran Services the sum of $11,288.00 per <br />month to maintain said home, to provide food, shelter, and services herein <br />contemplated. The County will provide clothing as determined by DSS. <br /> 5. The County through DSS will sign the admission agreement at the time <br />of placement of a child. <br /> 6. The County shall be responsible for the payment of any medical <br />expenses incurred by any child placed in the home other than routine first aid <br />administered by the emergency home; provided, Lutheran Services may authorize <br />emergency medical treatment by licensed physicians should circumstances require. <br />Reimbursement for medical services are limited to Medicaid coverage only. <br /> 7. The County agrees that it will not request Lutheran Services to serve <br />any one child in the emergency receiving home for a period in excess of 90 days, <br />it being contemplated by both parties that the child will be removed from the <br />emergency facility as soon as a plan for long range placement of the child has <br />been developed. <br /> 8. The County through DSS shall have the right to inspect the premises <br />of the home at any reasonable hour in order to ascertain that the children <br />placed in the group home are receiving adequate care; and Lutheran Services <br />agrees to secure and maintain all licenses necessary to operate the facility and <br />to notify the agency immediately upon the loss of any required license of <br />provisional license status. <br /> 9. As hereinabove set forth, the beds and services provided in the home <br />shall be for the exclusive use and benefit of children in the custody of the DSS <br />and Lutheran Services shall not permit such facility to be occupied by children <br />from any other agency without the express written agreement by DSS. <br /> 10. This contract may be terminated by either party upon sixty (60) days <br />written notice. <br /> 11. It is understood and agreed that Lutheran Services and the County are <br />independent contractors and that Lutheran Services is not an agent for and may <br />not act on behalf of the County; and further, Lutheran Services represents that <br />it has and will maintain competent and sufficient staff to supervise the <br />children placed in the home at all times. Lutheran Services agrees to indemnify <br />and hold harmless the County and DSS for any and all liability, including but <br />not limited to damages or claims, including attorneys fees, that might be <br />asserted or suffered by the County or DSS as a result of any act or omission of <br />Lutheran Services in connection with the care of children placed with Lutheran <br />Services or of any act or omission of any child placed under the care of <br />Lutheran Services. <br /> 12. The parties hereto, entered into a service agreement setting forth <br />certain procedures including, but not limited to intake and discharge <br />procedures, staffing, visitation, various and sundry duties and responsibilities <br />of the parties herein. Said service agreement is binding and enforceable under <br />the provisions of this contract; and is incorporated herein by reference as if <br />its terms were fully set out herein verbatim. <br /> 13. This is the entire agreement and there are no terms, conditions or <br />representations not set forth herein. <br /> 14. In witness whereof, the parties have caused this agreement to be <br />executed upon authority duly given, as of the day and year first above written. <br /> 15. This agreement has been preaudited in the manner required by the <br />Local Government Budget and Fiscal Control Act. <br /> <br />LUTHERAN FAMILY SERVICES IN <br />NORTH CAROLINA, INC. <br />By: /s/ Bill D. Brittain <br /> <br /> President <br />CABARRUS COUNTY <br />By: /s/ James W. Lentz <br /> <br /> Chairman, Board of Commissioners <br />By: /s/ Blair D. Bennett <br /> <br /> Finance Officer <br />Provision for payment of the monies to fall <br />due upon this agreement has been made by an <br />appropriation duly made as required by the <br />Local Government Budget and Fiscal Control <br />Act. <br />By: /s/ James F. Cook, Jr. <br /> Director, Cabarrus County <br /> Department of Social Services <br /> <br /> <br />